Fair Work Ombudsman
Citation: FWO-2024-12-03-tate-penalty-media-release
At a glance
- Penalty
- $7,012
- Employees affected
- 2
- Awards cited
- MA000123
What happened
Kristy Leanne Tate, a sole trader operating Kreating Real Change Disability Services in Crookwell, New South Wales, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required her to back-pay two employees, a married couple, for periods between June 2020 and September 2022. The workers were employed in full-time home care positions. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.
What was decided
The Federal Circuit and Family Court imposed a $7,012 penalty against Ms. Tate. She was also ordered to back-pay the workers a total of $13,878, plus superannuation and interest. This follows previous penalties imposed against Ms. Tate in July 2023 for similar non-compliance. The court found Ms. Tate was aware the employees were owed money and ignored the Compliance Notice. Judge Manousaridis emphasized the need for a 'meaningful' penalty to deter future misconduct.
What it means for employers
Employers, particularly those in the disability support services sector, must comply with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in substantial penalties and back-payment orders. The Fair Work Ombudsman prioritizes compliance in the disability support services sector and will take legal action against non-compliant businesses. Employers should review their payroll practices and seek assistance if needed.
What it means for employees
Employees experiencing issues with their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and courses to help employees understand their rights and obligations. Employees can also seek information from their employer or union.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/december-2024/20241203-tate-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →